Criminal Procedure Code · s 416

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s 416Alternative offence

(1)

This section applies on an appeal against conviction where the appellant has been convicted of an offence and the Judge could have found him guilty of some other offence, and on the finding of the Judge, it appeals to the Court of Appeal that the Judge must have been satisfied of facts which proved the appellant guilty of the other offence.

(2)

The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the verdict found by the Judge, a verdict of guilty of the other offence, and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law for the other offence.